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which said indenture of release is mentioned and supposed in substance (among other things), "That for and in consideration of the sum of four thousand and five hundred pounds, of lawful money of Great Britain, to the said J. G. and E. his wife, in hand paid by the said J. C. at and before the sealing and delivery of the said indenture of release, the receipt and payment whereof the said J. G. and E. his wife by the same indenture of release are mentioned to have acknowledged, and of the same and every part thereof to have acquitted, exonerated, and discharged, the said J. C. his heirs, executors, administrators, and assigns, and every of them, thereby they the said J. G. and E. his wife had granted, bargained, sold, aliened, released, and confirmed, and by the same indenture of release, have granted, bargained, soid, aliened, released, and confirmed, to the said J. C. as by the same indenture is supposed (in his actual possession then being by virtue of a bargain and sale to him thereof made and granted by the said J. G. and E. his wife, in consideration of five shillings, by indenture bearing date the day next before the day of the date of the same indenture of release, for one whole year, to begin from the day next before the day of the date of the said indenture of bargain and sale, and mentioned to be executed before the supposed sealing and delivery of the same indenture of release, and by force of the statute for transferring uses into possession,) to his heirs and assigns for ever, all that park, commonly called or known by the name of Jawick Park, in the parish of Clackton, in the county of Essex, (setting out the premises as before,) and all the estate, right, title, interest, use, trust, possession, freehold, inheritance, property, claim, and demand, whatsoever, as well in law as in equity, of them the said J. G. and E. his wife, of, in, to, or out of the said park and premises, and every part and parcel thereof; and also all deeds, evidences, muniments, escripts, and writings, belonging, touching, or in any wise concerning the same lands, hereditaments, and premises, or any part thereof, to have and to hold the said park, trees, woods, underwoods, deer, hereditaments, and appurtenances, thereby granted and released, or meant, mentioned, or intended so to be, and every part thereof, to the said J. C. his heirs and assigns, and to the only proper use, benefit, and behoof of the said J. C. and his heirs and assigns," to the great damage of the said J. G. and E. his wife, to the evil example of all others in the like case offending, against the

form, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said J. C. being a person of evil name and fame, and of a wicked disposition, and contriving and intending the said J. G. gentleman, and E. his wife, unjustly to aggrieve, and with an intent that the state of freehold of them the said J. and E. G. in right of the said E. of and in certain lands, tenements, and hereditaments, called Jawick, in the parish of Clackton, hereinbefore mentioned, in the county of Essex, and the right, title, and interest of the said J. and E. of and in the same, should be molested and troubled, on, &c. with force and arms, at, &c. falsely did pronounce and publish one false, forged writing, sealed, purporting to be sealed and delivered by the said J. G. and E. his wife, as a true writing, he the said J. C. knowing that writing to be a false, forged, and counterfeited writing, the same writing in itself purporting to be an indenture of bargain and sale for one year, and to bear date on the twenty-first day of September, in the said first year of the reign of our said lord the now king, and to be made between the said J. and E. by the names of J. G. of the city of Gloucester, gentleman, and E. his wife, of the one part, and the said J. C. by the name of J. C. of London, merchant, of the other part; in which same last-mentioned indenture of bargain and sale is mentioned and supposed in substance (among other things,) that for (set out the indenture of lease as in the first count,) (be the said J. C. at the said time that he the said J. C. as aforesaid did publish and pronounce the said false forged writing, as a true writing, well knowing that writing to be falsely forged,) to the great damage of the said J. G. and E. his wife, to the evil example of all others in the like case offending, against the form, &c. and against the peace, &c. (Fourth count for publishing the release.)

134. For forging (c) a bank of England note, and uttering the same.

Lancashire, to wit. That J. B. late of, &c. labourer,

(c) The stat. 15 Geo. 2. c. 13. s. 11, enacts, that if any peror persons shall forge,

son

counterfeit, or alter, any bank note, bank bill of exchange, dividend warrant, or any boud

heretofore, that is to say, on, &c. with force and arms, at, &c. feloniously did forge and counterfeit (d) a certain bank

or obligation, under the common seal of the said company, (i. e. Bank of England,) or any indorsement thereon, or shall offer, or dispose of, or put away any such forged, counterfeit, or altered note, &c. or the indorsement thereon, or demand the money therein contained, or pretended to be due thereon, or any part thereof, of the said company, or any of their officers or servants, knowing such note, &c. to be forged, counterfeit, or altered, with intent to defraud the said company or their successors, or any other person or persons whatsoever, every person or persons so offending, and being thereof convicted, in due form of law, shall be deemed guilty of felony without benefit of clergy.

By 13 Geo. 3. c. 79. making or knowingly having in possession, instruments for making paper, with the words "Bank of England," visible in the substance of it, is a capital felony. Engraving notes, &c. with like words, or with the sums in white letters on black ground, or knowingly having such in possession, or altering, &c. subject to imprisonment, 41 Geo. 3. (U. K.) c. 39.— Making, or having in possession without authority, any instrument for making paper, of the sort therein described, with curved bar lines, or the sums appearing in the substance of the paper, or procuring the numerical sum of any bank note,

and to appear visible in the substance of the paper, &c. felony, and transportation for fourteen years.

41 Geo. 3. c. 39. knowingly receiving, or having in possession, forged bank-notes, &c. without lawful excuse, felony, and transportation for 14 years. Engraving, &c. on plate, &c. any bank note, &c. &c. purporting to be of the Bank of England, or using such plate, &c. or knowingly having such in possession, without written authority, or attering, &c. felony and transportation for seven years.

The st. 45 G. 3. c. 89. s. 2. enacts, that if any person or persons shall forge, counterfeit, or alter, any bank note, bank bill of exchange, dividend warrant, or any boud or obligation under the common seal of the governor and company of the Bank of England, or any indorsement thereon, or shall offer, or dispose of, or put away, any such forged, counterfeit or altered note, bill, dividend warrant, bond, or obligation, or the indorsement thereon, or demand the money therein contained, or pretended to be due thereon, or any part thereof, of the said company, or any of their officers or servants, knowing such note, bill, dividend warrant, bond, or obligation, or the indorsement thereon, to be forged, counterfeited, or altered, with intent to defraud the said governor and company, or their

note (e), the tenor (f) of which said forged and counterfeit bank note is as followeth, that is to say, (the note is here set out verbatim (g),) with intent (h) to defraud the governor and company of the bank of England, against the form of the statute, &c. and against the peace, &c.

(End Count.) That the said J. B. heretofore, that is to say, on, &c. with force and arms, at, &c. did dispose of and put away (i) a certain forged and counterfeited bank note, the tenor of which said last-mentioned forged and counterfeit bank note is as followeth, that is to say, (the note,) with intent to defraud the governor and company of the

successors, or any other person or persons, body or bodies politic or corporate, whatsoever, every person or persons so offending, and being thereof convicted, in due form of law, shall be deemed guilty of felony, and suffer death as a feJon, without benefit of clergy.

By sec. 3. of the same stat. if any unauthorised person shall make use, &c. or have in possession, without lawful excuse, (the proof whereof shall lie on the party accused,) any frame, mould, or instrument for the making of paper with curved or waiving bar lines, or with the laying wire lines thereof in a waved or curved shape, or with any number, sum, or amount, expressed in a word or words in Roman letters, visible in the substance of such paper; or who shall make, use, or vend, &c. the same, or shall knowingly have such in possession, or shall cause or procure the numerical sum or amount of any bank note, &c, in any word or words in Roman letters, to appear visible in the substance of the paper, whereon the same shall be written or

printed, he shall be adjudged a felou, and shall be transported for the space of 14 years.

(d) These are the words of the statute; it is unnecessary to allege that he did falsely forge and counterfeit, see p. 91. This count is framed upon the stat. 45 G. 3. c. 89. s. 2.

(e) It is essential to shew, that the instrument forged is of the description prohibited by the stat. see p. 97. As to the averments which are necessary, when the forged writing does not purport to be of the kind prohibited, see p. 97.

(f) As to the words by which the instrument is usually introduced, see p. 93. Lyon's case, Leach, 696.

(g) As to the accuracy with which the forged writing should be set out, see p. 93, 95.

(h) See p. 103. 168. as to the general necessity for averring an intent to defraud, in case of perjury, the form of the averment, and the effects of variance.

(i) According to the words of the act, 45 G. 3. c. 89. s. 2.

bank of England; he the said J. B. at the said time of his so disposing of and putting away the said last-mentioned forged and counterfeit bank note, then and there, to wit, on, &c. at, &c. well knowing such last-mentioned note to be forged and counterfeited, against the form of the statute, &c. and against the peace, &c.

(3rd Count (k).) Feloniously, did falsely make (1), forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly act and assist in the false making, forging, and counterfeiting a certain promissory note for the payment of money, the tenor of which said last-mentioned false, forged, and counterfeited note is as followeth, that is to say, (note as before,) with intention to defraud the governor and company of the bank of England, against the form (m), &c. and against the peace, &c.

(k) This count is framed upon the stat. 45 G. 3. c. 89. which supersedes the stat. 2 G. 2. c. 25. the operation of which was extended to the protection of corporations by the stat. 31 G. 2. c. 22. s. 78.

(1) See the words of the

statute.

(m) By the stat. 2 G. 2. c. 25. made perpetual by the st. 9. G. 2. c. 18. if any person shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, &c. or willingly act or assist in the false making, &c. any deed, will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, indorsement, or assignment of any bill of exchange or promissory note for payment of money, or any acquittance or receipt either for money or goods, with intent to defraud any person whatsoever, (and by stat. 31 G. 2. c. 22. s. 78. with

intent to defraud any corporation whatsoever, or shall utter or publish as true, any false, forged, or counterfeited deed, &c. with intent to defraud any person or corporation,) knowing the same to be false, forged, and counterfeited, every such person, being thereof lawfully convicted, shall be deemed guilty of felony without benefit of clergy.

The stat. 7 G. 2. c. 22. made to supply the defects of the former acts, which it recites, and reciting farther that no punishment is inflicted by the said act on such as commit the offences therein after set forth, enacts, that "if any person shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, &c. or willingly act or assist in the false making, &c. any acceptance of any bill of exchange, or the number or principal sum of any accountable

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